1 Cri.B.A.No.371/22
Order below Exh.1 in Cri. Bail Application No.371/2022
Gorakh Nathu Adole … Applicant Accused.
Vs.
The State of Maharashtra through Police Inspector, Ghoti Police Station, Ghoti. (Cr. No.I 150/2016) .. Prosecution
Order below Exh.1.
1.This application has been filed by the applicant/accused under section 439 of Cr.P.C. for releasing him on regular bail in the aforesaid Crime registered at Ghoti Police Station, for the offences punishable under sections 417, 466, 467, 468, 420, 471, 474 r/w. 34 of the Indian Penal Code.
2.According to the case of the prosecution, the complainant Sharda Bajirao Bhosale had filed private complaint before Igatpuri Court on the accusation that accused No. 1 & 2 along with the applicant have forged the Hakkasod Patra (Relinquishment Deed) and transferred the said land to his name. Accordingly, the ld. Trial Court ordered to register the FIR and to investigate the matter.
Accordingly, the offence was registered on 14.07.2016 under sections 417, 466, 467, 468, 420, 471, 474 r/w. 34 IPC. The role assigned to the applicant is that he was the attesting witness on the said Deed. The applicant was arrested on 14.03.2022 and since then, he is in judicial custody.
3.The learned counsel Mr. R.V.Patil appearing for the applicant/accused has argued that the applicant is innocent and has not committed any offence. He was merely an attesting witness. He is not the beneficiary. He has no criminal antecedents. The whole case is based on documentary evidence and chargesheet is already filed.
The offence is of the year 2016 and after laps of six years, applicant has been arrested. The applicant has no concern with the alleged offence. He is ready to abide each and every conditions if any, imposed by this Court. Considering all these grounds, he prayed for release of applicant on bail.
4.The investigating Officer appeared and filed his reply vide Exh.5 and strongly opposed the application on the ground that the offence is serious in nature. The applicant has facilitated the main accused by signing before the Tahsildar, Igatpuri and got the Release Deed executed in the name of accused No.1 who in turn sold the same to third party. Hence, prayed for rejection of the application.
The ld. APP Smt. Reshma Jadhav has strongly opposed the application and submitted that offence is serious in nature and applicant caused financial loss to the complainant. Hence, prayed for rejection of the bail.
5.After hearing both the sides and going through the papers, prima facie, it appears that the applicant was just an attesting witness. Police did not point out that he was the beneficiary of the transaction. Considering his role, I am inclined to grant bail to applicant. Hence, following order.
O r d e r
1. Application is allowed.
2. Applicants/ accused – Gorakh Nathu Adole shall be released on regular bail on furnishing his P. R. bond of Rs.20,000/ with one or more sureties in the like amount.
He shall
(a) not act in manner injurious to the interest of the prosecution.
(b) furnish the address of his residence, copy of Pan and Adhar card at the time of execution of bond and shall not change the residence without prior permission of this Court.
3.If the applicant/accused commit breach of any of the above conditions, the bail granted to them shall be liable to be cancelled.
Digitally NAIR signed by NAIR SANDHYA SANDHYA SUNIL SUNIL Date: 2022.03.24 15:16:12 -0600 ( Smt. S.S. Nair ) Date : 24.03.2022. Addl. Sessions Judge4, Nashik.